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甲午战争之后,随着中外贸易的进一步拓展及洋商在华企业的开办,华商和洋商之间的商标纠纷问题逐渐彰显,并成为清末华洋交涉的焦点之一。这些形态各异的商标侵权纠葛,在某种程度上折射出了当时中国商标立法和商标保护在制度层面的缺失,以及民间商贸系统商标观念之淡漠,但在深层次却是当时西方商人冀图藉商标问题压迫中国民族企业和垄断中国市场的一种表征。纠纷的产生与解决,在相当程度上推动了中国早期的商标立法活动,并对近代中国民间形成商标法制观念起了一定的促进作用。
After the Sino-Japanese War of 1894-1895, with the further expansion of Sino-foreign trade and the establishment of foreign-funded enterprises in China, the issue of trademark disputes between Chinese businessmen and foreign businessmen gradually became evident and became one of the focal points in the negotiation of the Chinese in the late Qing Dynasty. To some extent, these disputes of trademark infringement in different forms reflect the lack of institutional and trademark protection in China at that time and the indifference of trademark concepts in the civil commerce system. However, at a deeper level, A Characterization of Oppression of Chinese National Enterprises and Monopoly of the Chinese Market by Trademark Issues. The emergence and settlement of disputes have promoted China’s early trademark legislative activities to some extent and played a certain role in promoting the concept of legal system of trademarks in modern China.